1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Received an email advising me I'm breaking Trademark laws

Discussion in 'BlackHat Lounge' started by welshman, Jan 5, 2010.

  1. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    Hey all, just a quick question on what you would do. I have a domain that use that has the word realtor inside it. So I get an email saying please remove your domain name as it is a federally registered collective membership mark belonging to the NATIONAL ASSOCIATION OF REALTORS.

    Did some research on the internet and found this:

    Code:
    http://www.officialsoftware.com/portal/account-resources-r-intro.asp#16
    so, my questions:

    1. I'm not a US citizen. Can I argue I'm not bound by the federal courts.
    2. Should I even answer this email? I have whoisguard on my ID.

    Any comments apprecated.

    PS. this website is a nice money spinner for me, don't want to have to lose it.
     
  2. Jared255

    Jared255 Jr. Executive VIP Jr. VIP Premium Member

    Joined:
    May 10, 2009
    Messages:
    1,907
    Likes Received:
    1,662
    Location:
    Boston, MA
    If you have whois guard, how did they get your email? Most times whois guards can be bypassed if you are infringing on copyrights etc.
     
  3. Nicknicholas

    Nicknicholas Junior Member

    Joined:
    Sep 7, 2009
    Messages:
    137
    Likes Received:
    35
    Can you tell us what specific country you do live in?
     
  4. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    They sent an email to the whois guard email address supplied, which then forwards to my admin email. I'm currently in the UK.
     
    • Thanks Thanks x 1
  5. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    realtor is NOT registered in the UK.
     
  6. TermsB

    TermsB Senior Member

    Joined:
    May 19, 2009
    Messages:
    1,076
    Likes Received:
    734
    Location:
    USA
    As long as you are not trying to use their trademark to act like them it's not infringing. It's probably likely that you are though, so I'd consult a lawyer for real legal advice if you have one. :p
     
  7. Jared255

    Jared255 Jr. Executive VIP Jr. VIP Premium Member

    Joined:
    May 10, 2009
    Messages:
    1,907
    Likes Received:
    1,662
    Location:
    Boston, MA
    Makes sense. I'd just drop it unless you are banking HARD with it. Get a similar one without a trademark in it.
     
  8. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    It's a website that allows owners to list their homes for rent or sale on, I do not do it, it acts like a real estate classifieds.

    decent money being made.
     
  9. negligence

    negligence Regular Member

    Joined:
    Jan 3, 2010
    Messages:
    256
    Likes Received:
    331
    I personally say fuck'em.

    I used to run a very very controversial image host, and 95% of the time it's hot air. They are NOT going to spend a ton of money to hire an international lawyer (Yes, they are more expensive) to pursue you in your own country wherein which they will probably lose the case any way.

    This is the most common tactic used by companies to protect their interest.

    First E-Mail: Polite (maybe slightly rude)
    Second E-Mail: Demanding, and saying this is your final warning
    Third E-Mail: Saying they have forwarded the package for review to their attorneys.

    Now, if you are, however, posing as the company in question.. then you're done for!

    Do -not- reply to the e-mail, as they will then have an address to contact you at. Furthermore, you are verifying that you received their messsage.

    Nope, fuck them.
     
  10. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    This is from their email:

    And this website:
    Code:
    http://www.officialsoftware.com/portal/account-resources-r-intro.asp#16
    says:

    so maybe I should just wait for the nasty letters to come ;)
     
  11. negligence

    negligence Regular Member

    Joined:
    Jan 3, 2010
    Messages:
    256
    Likes Received:
    331
    At worst, your registrar (GoDaddy is the worst for this) will revoke your rights to the domain and turn it over to them.

    Namecheap has stood by me through some raw copyright infringement battles!
     
  12. blackhat50

    blackhat50 Regular Member

    Joined:
    Oct 22, 2008
    Messages:
    336
    Likes Received:
    103
    will some of you posts the details of what happend in your cases with copyright infrigement?

    that would be a interesting read.

    most likely others will give thanks :biggthump
     
  13. TheInternetHustler

    TheInternetHustler Regular Member

    Joined:
    May 16, 2008
    Messages:
    484
    Likes Received:
    392
    I have read other threads where people out of the US got similar emails and they just replied back with something funny. I am pretty sure they cant touch you. I would reply with a simple "no thank you" or "suck mah balls" if I were you, but thats just me :D I'd like to see their reply.. and that is ridiculous that you cant use the word realtor, screw them damn word nazis...
     
  14. negligence

    negligence Regular Member

    Joined:
    Jan 3, 2010
    Messages:
    256
    Likes Received:
    331
    I would not respond, as again, you will be acknowledging their emails.

    Also, if they decide to pursue things with your registrar (who MAY be US based), it shows that you were unwilling, uncooperative, and disrespectful.

    But, ThePirateBay doesn't care :D
     
  15. mollah

    mollah Power Member

    Joined:
    Feb 11, 2009
    Messages:
    674
    Likes Received:
    548
    Was the email FROM the National Association of Realtors itself? Or was it from some random dude?
     
  16. 5VM5UN6

    5VM5UN6 Registered Member

    Joined:
    Jun 18, 2009
    Messages:
    51
    Likes Received:
    9
    Transfer your domain to any registrar outside US.
     
  17. poisonsembrace

    poisonsembrace Registered Member

    Joined:
    Aug 20, 2009
    Messages:
    95
    Likes Received:
    63
    Like everyone else mentioned, fuck em. Don't respond unless you get an email from ICANN about the dispute, that's if you get one at all.
     
  18. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

    Joined:
    Apr 2, 2008
    Messages:
    788
    Likes Received:
    3,120
    Occupation:
    Chair moistener.
    Location:
    Cyberspace
    host in china, register there too. they won't give out your info. :D
     
  19. mikie46

    mikie46 Jr. VIP Jr. VIP

    Joined:
    Aug 6, 2008
    Messages:
    1,454
    Likes Received:
    1,102
    Enom did the same to me. The fuckers didnt even reply when i asked them about it. In fact, they have a legal@enom.com email address that i used. They didnt bother to reply, ever. Whats the point in having an email address like this if they wont reply.
     
  20. welshman

    welshman Power Member

    Joined:
    May 9, 2009
    Messages:
    701
    Likes Received:
    190
    registrar is namecheap :)

    Email sent to me from realtor association and was the template that I've found on the internet.

    Doing some research, I have found out that because they do not have a worldwide patent and trademark, but only a federally registered collective trademark, they do not have a leg to stand on. Will send them an email from the email address listed on the website. Will keep you guys updated ;) gtdetsedwsw b c bhg